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SIVERSON v. UNITED STATES

No. 82-5308.

710 F.2d 557 (1983)

Roy L. SIVERSON, Plaintiff-Appellee, v. UNITED STATES of America, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 12, 1983.

Attorney(s) appearing for the Case

Kenneth Rosengren and Norman Herring, Phoenix, for plaintiff-appellee.

Robert S. Greenspan, Atty., Russell L. Caplan, Atty., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Before ELY, SKOPIL, and FERGUSON, Circuit Judges.

SKOPIL, Circuit Judge:

Siverson sued under the Federal Tort Claims Act (FTCA), alleging medical malpractice by the Veterans Administration Hospital in Tucson. The government conceded liability and a court trial was held on damages. The court awarded $869,000 in special damages, offset by Siverson's VA disability benefits, for an adjusted total of $464,730. The court also awarded $1 million in general compensatory damages for pain and suffering. The government on appeal...

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